Airworthiness Directives; Embraer S.A. Airplanes, 43496-43499 [2020-15333]
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43496
Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules
26, 2017 to adopt the statutory backstop
requirements for vibration service lamps
which require that vibration service
lamps: (I) Have a maximum 40-watt
limitation; and (II) be sold at retail only
in a package containing 1 lamp. 42
U.S.C. 6295(l)(4)(E)(ii)
DOE stated in the December 2017
final rule that it will continue to collect
and model data for vibration service
lamps for two years after the effective
date of January 25, 2018, in accordance
with 42 U.S.C. 6295(l)(4)(I)(ii). 82 FR
60845, 60846 (December 26, 2017). For
the 2019 calendar year, the exponential
growth forecast projected the
benchmark unit sales estimate for
vibration service lamps to be 2,119,000
units. The NEMA-provided shipment
data reported shipments of 2,208,000
units in 2019, which is 104.2 percent of
the benchmark estimate. DOE has
satisfied its 2-year obligation and will
no longer collect and model data for
vibration service lamps.
C. Three-Way Incandescent Lamps
For 3-way incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2019 to be 46,637,000 units. The NEMAprovided shipment data reported
shipments of 16,532,000 units in 2019.
As the NEMA-provided shipment data
reported is only 35.4 percent the
benchmark estimate, DOE will continue
to track 3-way incandescent lamp sales
data and will not initiate an accelerated
standards rulemaking for this lamp type
at this time.
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D. 2,601–3,300 Lumen General Service
Incandescent Lamps
For 2,601–3,300 lumen general
service incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2019 to be 34,439,000 units. The NEMAprovided shipment data reported
shipments of 2,194,000 units in 2019.
As the NEMA-provided shipment data
reported is only 6.4 percent of the
benchmark estimate, DOE will continue
to track 2,601–3,300 lumen general
service incandescent lamp sales data
and will not impose statutory
requirements for this lamp type at this
time.
E. Shatter-Resistant Lamps
For shatter-resistant lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2019 to be 1,692,000 units. The NEMAprovided shipment data reported
shipments of 489,000 units in 2019. As
the NEMA-provided shipment data
reported is only 28.9 percent of the
benchmark estimate, DOE will continue
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to track shatter-resistant lamp sales data
and will not initiate an accelerated
standards rulemaking for this lamp type
at this time.
V. Conclusion
This NODA compares the 2019
shipments against benchmark unit sales
estimates for rough service lamps,
vibration service lamps, 3-way
incandescent lamps, 2,601–3,300 lumen
general service incandescent lamps, and
shatter-resistant lamps. For 3-way
incandescent lamps, 2,601–3,300 lumen
general service incandescent lamps, and
shatter-resistant lamps, the 2019 sales
are not greater than 200 percent of the
forecasted estimates. The 2019 unit
sales for vibration service lamps are
greater than the benchmark unit sales
estimate but less than 200 percent of the
benchmark unit sales estimate. The
2019 unit sales for rough service lamps
are below the benchmark unit sales
estimate. DOE will continue to monitor
3-way incandescent lamps, 2,601–3,300
lumen general service incandescent
lamps, and shatter-resistant lamps and
will assess 2020 unit sales next year.
Signing Authority
This document of the Department of
Energy was signed on July 1, 2020, by
Alexander N. Fitzsimmons, Deputy
Assistant Secretary for Energy
Efficiency, Energy Efficiency and
Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on July 2, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2020–14647 Filed 7–16–20; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0584; Product
Identifier 2020–NM–069–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model EMB–550
and EMB–545 airplanes. This proposed
AD was prompted by reports of cracks,
delamination, and failure of the flight
deck side windows during certification
fatigue tests. This proposed AD would
require repetitive inspections of the
flight deck side windows for any
cracking or delamination, corrective
action if necessary, and eventual
replacement of the windows, as
specified in an Ageˆncia Nacional de
Aviac
¸a˜o Civil (ANAC) AD, which will
be incorporated by reference. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 31,
2020.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact National Civil
Aviation Agency, Aeronautical Products
Certification Branch (GGCP), Rua
Laurent Martins, nß209, Jardim
Esplanada, CEP 12242–431—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
internet www.anac.gov.br/en/. You may
find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. For service
information identified in this final rule,
ADDRESSES:
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules
contact Embraer S.A., Technical
Publications Section (PC 560), Rodovia
Presidente Dutra, km 134, 12247–004
Distrito Eugeˆnio de Melo—Sa˜o Jose´ dos
Campos—SP—Brazil; telephone +55 12
3927–0386; email distrib@
embraer.com.br; internet https://
www.mytechcare.embraer.com. You
may view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St. Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0584.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0584; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Kathleen Arrigotti, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218;
Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2020–0584; Product
Identifier 2020–NM–069–AD’’ at the
beginning of your comments. The most
helpful comments reference a specific
portion of the proposal, explain the
reason for any recommended change,
and include supporting data. The FAA
will consider all comments received by
the closing date and may amend this
NPRM based on those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
the FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
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The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this
NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Discussion
The ANAC, which is the aviation
authority for Brazil, has issued Brazilian
AD 2020–04–01R01, effective May 22,
2020 (‘‘Brazilian AD 2020–04–01R01’’)
(also referred to as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Embraer S.A.
Model EMB–550 and EMB–545
airplanes.
This proposed AD was prompted by
reports of cracks, delamination, and
failure of the flight deck side windows
during certification fatigue tests. The
FAA is proposing this AD to address
such cracks and delamination, which
could cause the flight deck side
windows to fail and lead to an in-flight
depressurization event. See the MCAI
for additional background information.
Related IBR Material Under 1 CFR Part
51
Brazilian AD 2020–04–01R01
describes procedures for repetitive
detailed inspections of the flight deck
side windows for any cracking or
delamination, and replacement of the
windows. This material is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
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43497
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
Brazilian AD 2020–04–01R01 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, Brazilian
AD 2020–04–01R01 will be
incorporated by reference in the FAA
final rule. This proposed AD would,
therefore, require compliance with
Brazilian AD 2020–04–01R01 in its
entirety, through that incorporation,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Service information
specified in Brazilian AD 2020–04–
01R01 that is required for compliance
with Brazilian AD 2020–04–01R01 will
be available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0584 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 49 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
10 work-hour × $85 per hour = $850 ..........................................................................................
$0
$850
$41,650
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need this
on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
9 work-hours × $85 per hour = $765 ...........................................................................
$9,280 per window ...................................
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
individuals. As a result, the FAA has
included all known costs in our cost
estimate.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: ‘‘General requirements.’’ Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
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16:50 Jul 16, 2020
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(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
Embraer S.A.: Docket No. FAA–2020–
0584; Product Identifier 2020–NM–069–AD.
(a) Comments Due Date
The FAA must receive comments by
August 31, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model
EMB–550 and EMB–545 airplanes,
certificated in any category, as identified in
Ageˆncia Nacional de Aviac
¸a˜o Civil (ANAC)
AD 2020–04–01R01, effective May 22, 2020
(‘‘Brazilian AD 2020–04–01R01’’).
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$10,045
(d) Subject
Air Transport Association (ATA) of
America Code 56, Windows.
(e) Reason
This AD was prompted by reports of
cracks, delamination, and failure of the flight
deck side windows during certification
fatigue tests. The FAA is issuing this AD to
address such cracks and delamination, which
could cause the flight deck side windows to
fail and lead to an in-flight depressurization
event.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Brazilian AD 2020–04–
01R01.
(h) Exceptions and Clarifications to
Brazilian AD 2020–04–01R01
■
§ 39.13
Cost per
product
(1) Where Brazilian AD 2020–04–01R01
refers to its effective date, or ‘‘17 April, 2020,
the effective date of the original issue of this
AD,’’ this AD requires using the effective date
of this AD.
(2) Where Brazilian AD 2020–04–01R01
refers to the compliance time of the repetitive
inspections, ‘‘at each 750 Flight Hours (FH),’’
this AD requires a compliance time of, ‘‘at
intervals not to exceed 750 flight hours.’’
(3) Where Brazilian AD 2020–04–01R01
refers to, ‘‘in case of no crack, delamination
or any other damage which do not allow to
properly perform the required inspection by
this AD, no action is required at this time,’’
this AD requires that in the case of no crack
or delamination that no further action is
required until the next inspection interval.
(4) Where Brazilian AD 2020–04–01R01
refers to the compliance time for the
replacement of the flight deck side windows
as, ‘‘before the airplane logs 3,400 Flight
Cycles Since New (FCSN),’’ this AD requires
a compliance time of ‘‘before the airplane
logs 3,400 FCSN, or within 50 flight cycles,
whichever occurs later.’’
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules
(5) Replacement of the flight deck side
windows as specified in paragraph (c)(1) of
Brazilian AD 2020–04–01R01 terminates the
repetitive inspections for the flight deck side
windows specified in paragraph (b)(2) of
Brazilian AD 2020–04–01R01.
(6) The ‘‘Alternative method of compliance
(AMOC)’’ section of Brazilian AD 2020–04–
01R01 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
ANAC; or ANAC’s authorized Designee. If
approved by the ANAC Designee, the
approval must include the Designee’s
authorized signature.
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(j) Related Information
(1) For information about Brazilian AD
2020–04–01R01, contact National Civil
Aviation Agency, Aeronautical Products
Certification Branch (GGCP), Rua Laurent
Martins, no 209, Jardim Esplanada, CEP
12242–431—Sa˜o Jose´ dos Campos—SP,
Brazil; telephone 55 (12) 3203–6600; email
pac@anac.gov.br; internet www.anac.gov.br/
en/. You may find this Brazilian AD on the
ANAC website at https://
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0584.
(2) For more information about this AD,
contact Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3218;
Kathleen.Arrigotti@faa.gov.
VerDate Sep<11>2014
16:50 Jul 16, 2020
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Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
43499
[FR Doc. 2020–15333 Filed 7–16–20; 8:45 am]
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 31,
2020.
BILLING CODE 4910–13–P
ADDRESSES:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0581; Product
Identifier 2020–NM–057–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2015–22–08, which applies to all Airbus
SAS Model A318 series airplanes;
Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes;
Model A320–211, –212, –214, –231,
–232, and –233 airplanes. The FAA also
proposes to supersede AD 2018–17–19,
which applies to certain Airbus SAS
Model A318 series airplanes; Model
A319–111, –112, –113, –114, –115,
–131, –132, and –133 airplanes; Model
A320–211, –212, –214, –216, –231,
–232, –233, –251N, and –271N
airplanes; and Model A321–111, –112,
–131, –211, –212, –213, –231, –232,
–251N, –253N, and –271N airplanes.
The FAA also proposes to supersede AD
2019–19–15, which applies to certain
Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, and –133
airplanes; Model A320–211, –212, –214,
–216, –231, –232, –233, –251N, and
–271N airplanes; and Model A321 series
airplanes. AD 2019–19–15 requires
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. Since the
FAA issued AD 2019–19–15, the FAA
has determined that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which will
be incorporated by reference. The FAA
SUMMARY:
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You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For EASA material that will be
incorporated by reference (IBR) in this
AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990
1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
For the Airbus material identified in
this proposed AD that will continue to
be incorporated by reference, contact
Airbus SAS, Airworthiness Office—
EIAS, Rond-Point Emile Dewoitine No:
2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email account.airwortheas@airbus.com; internet https://
www.airbus.com.
You may view this IBR material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0581.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0581; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
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Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43496-43499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15333]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0584; Product Identifier 2020-NM-069-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. This
proposed AD was prompted by reports of cracks, delamination, and
failure of the flight deck side windows during certification fatigue
tests. This proposed AD would require repetitive inspections of the
flight deck side windows for any cracking or delamination, corrective
action if necessary, and eventual replacement of the windows, as
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 31,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada, CEP
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email [email protected]; internet www.anac.gov.br/en/.
You may find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. For service information
identified in this final rule,
[[Page 43497]]
contact Embraer S.A., Technical Publications Section (PC 560), Rodovia
Presidente Dutra, km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--
S[atilde]o Jos[eacute] dos Campos--SP--Brazil; telephone +55 12 3927-
0386; email [email protected]; internet https://www.mytechcare.embraer.com. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St. Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0584.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0584; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0584;
Product Identifier 2020-NM-069-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this NPRM based on those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments the FAA receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2020-04-01R01, effective May 22, 2020 (``Brazilian AD
2020-04-01R01'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Embraer S.A. Model EMB-550 and EMB-545 airplanes.
This proposed AD was prompted by reports of cracks, delamination,
and failure of the flight deck side windows during certification
fatigue tests. The FAA is proposing this AD to address such cracks and
delamination, which could cause the flight deck side windows to fail
and lead to an in-flight depressurization event. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part 51
Brazilian AD 2020-04-01R01 describes procedures for repetitive
detailed inspections of the flight deck side windows for any cracking
or delamination, and replacement of the windows. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in Brazilian AD 2020-04-01R01 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, Brazilian AD 2020-
04-01R01 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with Brazilian AD
2020-04-01R01 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Service information specified in Brazilian AD 2020-04-
01R01 that is required for compliance with Brazilian AD 2020-04-01R01
will be available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0584 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 49 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
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Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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10 work-hour x $85 per hour = $850........................... $0 $850 $41,650
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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9 work-hours x $85 per hour = $765 $9,280 per window... $10,045
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Embraer S.A.: Docket No. FAA-2020-0584; Product Identifier 2020-
NM-069-AD.
(a) Comments Due Date
The FAA must receive comments by August 31, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-550 and EMB-545
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-04-01R01, effective May 22, 2020 (``Brazilian AD 2020-04-
01R01'').
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Reason
This AD was prompted by reports of cracks, delamination, and
failure of the flight deck side windows during certification fatigue
tests. The FAA is issuing this AD to address such cracks and
delamination, which could cause the flight deck side windows to fail
and lead to an in-flight depressurization event.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Brazilian AD 2020-04-01R01.
(h) Exceptions and Clarifications to Brazilian AD 2020-04-01R01
(1) Where Brazilian AD 2020-04-01R01 refers to its effective
date, or ``17 April, 2020, the effective date of the original issue
of this AD,'' this AD requires using the effective date of this AD.
(2) Where Brazilian AD 2020-04-01R01 refers to the compliance
time of the repetitive inspections, ``at each 750 Flight Hours
(FH),'' this AD requires a compliance time of, ``at intervals not to
exceed 750 flight hours.''
(3) Where Brazilian AD 2020-04-01R01 refers to, ``in case of no
crack, delamination or any other damage which do not allow to
properly perform the required inspection by this AD, no action is
required at this time,'' this AD requires that in the case of no
crack or delamination that no further action is required until the
next inspection interval.
(4) Where Brazilian AD 2020-04-01R01 refers to the compliance
time for the replacement of the flight deck side windows as,
``before the airplane logs 3,400 Flight Cycles Since New (FCSN),''
this AD requires a compliance time of ``before the airplane logs
3,400 FCSN, or within 50 flight cycles, whichever occurs later.''
[[Page 43499]]
(5) Replacement of the flight deck side windows as specified in
paragraph (c)(1) of Brazilian AD 2020-04-01R01 terminates the
repetitive inspections for the flight deck side windows specified in
paragraph (b)(2) of Brazilian AD 2020-04-01R01.
(6) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2020-04-01R01 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(j) Related Information
(1) For information about Brazilian AD 2020-04-01R01, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, no 209, Jardim Esplanada, CEP
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone
55 (12) 3203-6600; email [email protected]; internet www.anac.gov.br/
en/. You may find this Brazilian AD on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
This material may be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0584.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; [email protected].
Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15333 Filed 7-16-20; 8:45 am]
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